City Council Resolution 1992-01RESOLUTION 92-1
RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS
SUPPORTING ESTABLISHMENT OF REGULATIONS
GOVERNING ADULT LAND USES
CITY OF MONTICELLO
ADULT LAND USES STUDY
WHEREAS, on January 14, 1991, the City Council for the City of
Monticello established an interim ordinance imposing a moratorium
on adult-oriented land uses on certain property located within the
city of Monticello; and,
WHEREAS, the City Council has reviewed the staff's report on
various adult land use regulatory schemes and legal considerations
related to adult entertainment land use restrictions; and,
WHEREAS, the Planning Commission held a public hearing on the
matter on April 2, 1991, and on December 3, 1991, to consider the
matter and to receive public input on the issues; and,
WHEREAS, the City Council has considered all of the documentary
evidence presented to it by staff through the public hearings upon
which it bases the following findings and conclusions:
FINDINGS:
1. The community goals identified in the Comprehensive Plan
of the City of Monticello include encouraging steady,
careful growth by maintaining reasonably high standards;
to utilize the inherent advantages of the community in
terms of location, existing population, school system,
available land, etc., to gain the best possible advantage
from these assets so as to develop a reputation as a
community combining all the desirable elements for living
in Minnesota; to develop urban land uses according to a
set of uniform standards applicable to the City. Such
standards should govern land use, public improvements,
health conditions, safety features, aesthetic
considerations, and other elements of the urban
environment for purposes of safeguarding the public
health, safety, convenience, and general welfare; to
develop a sound and broad tax base for the City and the
school district in order to provide revenue for adequate
public facilities and services without creating undue
burdens upon property owners.
2. As expressed in Minnesota Statutes, Section 617.291, it
is the declared policy of this state to prevent
commercial exposure of minors to sexually provocative
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Page 2
written, photographic, printed, sound, or published
materials as defined therein which are deemed harmful to
minors.
3. Adult land uses have an impact on the neighborhoods
surrounding them which is distinct from the impact caused
by other commercial uses, this fact substantiated by
studies conducted in other cities possessing
characteristics similar to characteristics possessed by
the city of Monticello.
4. Residential and commercial neighborhoods located within
close proximity to adult theaters, bookstores, and other
adult land uses experience increased crime rates (sex
related crimes in particular), lowered property values,
increased transiency, and decreased stability of
ownership.
5. The adverse impacts which an adult land use has on
surrounding areas diminishes as the distance from the
adult land use increases.
6. Studies of other cities have shown that among the crimes
which tend to increase either within or in the near
vicinity of adult entertainment uses are rapes,
prostitution, child molestation, indecent exposure, and
other lewd and lascivious behavior.
7. The City of Phoenix Study confirmed that the sex crime
rate was on an average six times higher in areas with at
least one adult entertainment use as it was within
comparable areas of their city without such adult uses.
8. Studies of other cities have shown that the values of
both commercial and residential properties either are
diminished or fail to appreciate in value at the rate of
other comparable properties when located in proximity to
adult entertainment uses.
9. The adverse impact of adult uses on commercial areas is
increased by the presence of more than one adult
entertainment use in close proximity to another such use.
10. The number and rate of real estate listings increases in
areas in which adult entertainment uses are located.
11. The Indianapolis study established that professional real
estate appraisers believe that an adult bookstore would
have a negative effect on the value of both residential
and commercial properties within a one to three block
area of the store.
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12. Many members of the public perceive areas within which
adult entertainment uses are located as less safe than
other areas which do not have such uses.
13. The cities whose adult entertainment use reports have
been considered in these proceedings have strip
commercial development patterns and other commercial
neighborhood characteristics analogous to those found or
developing in the city of Monticello.
CONCLUSIONS:
1. The impacts which adult entertainment uses have on
surrounding areas should be addressed through a distinct
set of land use regulations directed specifically at such
adult entertainment uses.
2. Adult entertainment land uses should not be located in
close proximity to buildings or facilities where children
are the dominant clientele or patrons of the service,
product, or facility usage offered by such building or
facility.
3. The existing land use regulations of the City of
Monticello inadequately address the unique impacts which
adult entertainment uses have on surrounding
neighborhoods and fail to adequately foster the community
goals declared in the comprehensive plan and in state
law.
4. Adult entertainment uses should be located in areas of
the city which are not in close proximity to commercial
areas, residential areas, churches, parks, and schools.
5. Regardless of whether adult entertainment uses have
currently had an adverse impact on the areas surrounding
them in this city, the experience of other cities, as
documented in the studies considered, confirms that
regulation of adult entertainment uses is essential to
prevent future deterioration of surrounding neighborhoods
and adverse social impacts associated with such uses.
6. The concerns which have prompted public hearings in this
city are similar to the concerns which motivated the
communities of Indianapolis, Indiana; St. Paul,
Minnesota; Phoenix, Arizona; Seattle, Washington;
Rochester, Buffalo, Big Lake, and Champlin, Minnesota, to
undertake their studies of adult entertainment uses;
consequently, the results of those studies are relevant
to the existing or foreseeable impacts which such uses
can have on the areas surrounding them in this city.
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7. The concentration of adult entertainment uses in
commercial areas or the location of adult entertainment
uses in close proximity to residential uses, churches,
parks, and schools will result in devaluation of property
values and decreases in commercial business sales,
thereby reducing tax revenues to the city and adversely
impacting the economic well-being of the citizens of this
city.
8. Location of adult entertainment uses in proximity to
residential uses, churches, parks, schools, bars, and
other adult entertainment uses very likely would lead to
increased levels of criminal activities, including
prostitution, rape, assaults, and other sex-related
crimes in the vicinity of such adult entertainment uses.
9. Regulation of adult entertainment uses is essential to
ensure that family values and youth values in the city of
Monticello are protected and provided a physical
environment in which to develop in a healthy and
wholesome manner.
10. Adult entertainment uses should be located in the heavy
industrial (I-2) zoning district and at least 700 feet
away from any of the following zoning districts and/or
land uses.
- Existing residential zoning district or land designated
in the comprehensive plan as a future residential
zoning district.
- Public or private park or recreation facility.
- Church
- Day care facility
- School property
- Liquor sales
11. Based on the findings and conclusions outlined above, the
City of Monticello City Council does hereby recommend
adoption of regulations governing adult land uses, which
is attached and incorporated herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY F MONTICELLO
THIS 13TH DAY OF JANUARY, 1992.
May
ATTEST:
City Admini rator